Transcript Slide 1

This webinar is brought to you by
CLEONet
www.cleonet.ca
CLEONet is a web site of legal information
for community workers and advocates who
work with low-income and disadvantaged
communities in Ontario.
About our presenter…
Jessica Michael is a staff lawyer at The Community Advocacy & Legal Centre
(CALC), a non-profit community legal clinic. CALC serves low income residents of
Hastings, Prince Edward and Lennox & Addington counties. The clinic (formerly
known as Hastings and Prince Edward Legal Services) is currently staffed by
lawyers, community legal workers, law clerks and support staff and is funded by
Legal Aid Ontario. Jessica joined CALC in 2004, working primarily in the area of
housing law. Her clinic work currently focuses on employment law, human rights,
workers compensation and CPP disability. She received her law degree from
Dalhousie University. Jessica was called to the Ontario Bar in 2004.
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Employment Rights
Employment Standards Act
Overview
This presentation is designed to provide you with an
understanding of the rights provided to the workers in
Ontario under the Employment Standards Act (ESA).
Employment
Standards Act
General Overview
The ESA outlines the basic rights of workers in Ontario.
However, some workers are not covered by the ESA and
there are special exemptions to many of the ESA
protections. The information in this presentation does not
cover all the exemptions.
Therefore, we encourage you to contact a lawyer if you do
encounter an employment issue.
Employment
Standards Act
Minimum Wage
Minimum Wage Rate
General
Students
Server of Liquor
March 31, 2009
$9.50 per hour
$8.90 per hour
$8.25 per hour
March 31, 2010
$10.25 per hour
$9.60 per hour
$8.90 per hour
Employment
Standards Act
Overtime
You are entitled to 1½ times your regular rate of pay for
every hour worked over 44 hours per week.
You can agree in writing to average the hours you work over
periods of two or more weeks to calculate overtime pay.
• You have the right to refuse to agree to this practice.
Employment
Standards Act
Public Holiday Pay
If you work your regularly scheduled shifts before and after
a public holiday, then you are entitled to holiday pay even if
you did not work on the Public Holiday.
Public Holiday pay is calculated by dividing the previous 4
work weeks earnings by 20.
• This usually works out to be about one day’s pay.
Employment
Standards Act
Working on Public Holidays
If you work on a Public Holiday, you can agree in writing to
either:
• Be paid both Premium Pay (1½ times the hourly rate for all hours
worked) AND Public Holiday Pay
OR
• Work the Public Holiday at your regular rate of pay AND take another
day off with Public Holiday pay.
Employment
Standards Act
Other Protections
You must be paid for training.
If you are called into work but are sent home early, then you
must be paid for at least 3 hours of work, unless you were
originally scheduled to work for less than 3 hours.
An employer cannot withhold or deduct your wages for
faulty work or because the employer had a cash shortage,
lost property, or had property stolen when more than one
person had access to the lost or stolen cash/property.
Employment
Standards Act
Termination Notice and Termination Pay
An employer must give you a working notice or pay instead
of notice (termination pay) if you are to be fired or laid off.
The length of notice depends on your length of service.
Time Worked
Less than 3 months
More than 3 months, less than 1 year worked
More than 1 year, less than 3 years worked
More than 3 years, less than 4 years worked
And so on up to a maximum of 8 weeks
Notice
No Notice
1 week
2 weeks
3 weeks
Employment
Standards Act
Severance Pay
An employee who is fired or laid off can also get severance
pay in addition to termination pay.
To be entitled severance pay:
• you must have worked for at least 5 years for your employer, and
• the employer must have an annual payroll of more than $2.5 million,
or
• must have terminated 50 or more employees in the last 6 months
Severance pay is one week of pay for every year worked up
to a maximum of 26.
Employment
Standards Act
Suing For More Termination Notice
If an employee who is entitled to termination pay and/or
severance pay feels that the notice (or the pay in lieu of
notice) that he or she received was inadequate, the
employee can sue the employer for more.
Determining if a fired or laid off employee should sue for
more notice (or pay in lieu of notice) is complicated. We
strongly suggest that an employee who is considering this
option consult with a lawyer.
Employment
Standards Act
Termination Pay and Severance Pay
You are not entitled to termination pay or severance pay if
you quit or if you are fired for neglect of duty, disobedience,
or wilful misconduct.
Employment
Standards Act
Vacation Pay
After 1 year of working with the same employer, you are
entitled to take off 2 weeks of paid vacation.
• Your employer can tell you when you can take your vacation.
• Your employer can’t make you take your vacation one day at a time.
If you don’t take your paid vacation, then you are entitled to
4% vacation pay for every dollar you earn.
• If you leave a job before taking vacation, make sure you get your 4%!
Employment
Standards Act
Emergency Leave
Large employers (50 or more workers) are legally required
to provide 10 days, unpaid “Emergency Leave” each year.
• You may take this leave for illness, injury, medical emergency and
death of a family member.
• Your employer can consider a half day off as one full day.
• You may have to show proof, like a doctor’s note, for the reason of
your leave.
Employment
Standards Act
Maternity and Parental Leave
Pregnant workers have the right to take maternity leave up
to 17 weeks of unpaid time off.
Both parents can also take unpaid parental leave.
• The birth mother can take an additional 35-week leave for a total of 52
weeks per child.
• The other parent can take up to a 37-week leave.
Your employer does not have to pay you during your leave,
but they have to give you back your job or give you a similar
job when you return.
Employment
Standards Act
How to Protect Yourself
1. Keep a diary of your hours worked and of any significant events that
occurred at work, e.g. harassment. Keeping a record is a great way
of proving your claim later.
2. If you know that your employer is not following the ESA, then talk to
your co-workers and see if they have the same problems that you
have.
3. Approach your employer as a group and tell your employer about
your concerns.
4. If your employer refuses to follow the ESA, then you can file a
complaint with the Ministry of Labour.
5. You can also unionize to obtain more protections.
Contact Us
Our Service Area and Contact Information
Legal Aid Ontario funds a number of free community legal
clinics throughout Ontario for people living on a low income.
To find the clinic closest to you, visit:
http://www.legalaid.on.ca
You can also find us in the Yellow Pages.
This webinar was brought to you by
CLEONet
For more information on Employment
Standards visit the Employment and Work
section of CLEONet at www.cleonet.ca
For more legal information webinars visit:
http://www.cleonet.ca/legal_education_webinars